38450 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 

TABLE 2—TAKE ANALYSIS, PERDIDO LOA—Continued 

Species Authorized 

take Scaled take 1 Abundance 2 Percent abundance 

Beaked whales ................................................................................................ 3,793 383.1 3,768 10.2 

Rough-toothed dolphin .................................................................................... 496 142.4 4,853 2.9 

Bottlenose dolphin 5 ......................................................................................... 21 n/a 176,108 0.0 

Clymene dolphin .............................................................................................. 1,521 436.5 11,895 3.7 

Atlantic spotted dolphin ................................................................................... 0 n/a 74,785 n/a 

Pantropical spotted dolphin ............................................................................. 15,101 4,334.0 102,361 4.2 

Spinner dolphin ................................................................................................ 354 101.6 25,114 0.4 

Striped dolphin ................................................................................................. 790 226.7 5,229 4.3 

Fraser’s dolphin ............................................................................................... 281 80.6 1,665 4.8 

Risso’s dolphin ................................................................................................. 249 73.5 3,764 2.0 

Melon-headed whale ....................................................................................... 1,109 327.2 7,003 4.7 

Pygmy killer whale ........................................................................................... 410 121.0 2,126 5.7 

False killer whale ............................................................................................. 464 136.9 3,204 4.3 

Killer whale ...................................................................................................... 7 n/a 267 2.6

Short-finned pilot whale ................................................................................... 88 26.0 1,981 1.3 

1Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers 

shown here. 2Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to 

be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was 

produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual 

abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used. 3The final rule refers to the GOM Bryde’s whale (Balaenoptera edeni). These whales were subsequently described as a new species, Rice’s 

whale (Balaenoptera ricei) (Rosel et al., 2021). 4 Includes 9 takes by Level A harassment and 218 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only; 

small numbers determination made on basis of scaled Level B harassment take plus Level A harassment take. 5 Modeled take of 16 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006). 

Based on the analysis contained 

herein of Shell’s proposed survey 

activity described in its LOA 

applications and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the affected species 

or stock sizes (i.e., less than one-third of 

the best available abundance estimate) 

and therefore the taking is of no more 

than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for these LOA requests is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOAs is of no more than small numbers. 

Accordingly, we have issued two LOAs 

to Shell authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: July 14, 2021. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–15453 Filed 7–20–21; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 21–2] 

Amazon.Com, Inc. 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Publication of a Complaint 

under the Consumer Product Safety Act. 

SUMMARY: Under provisions of its Rules 

of Practice for Adjudicative Proceeding, 

the Consumer Product Safety 

Commission must publish in the 

Federal Register Complaints which it 

issues. Published below is a Complaint: 

In the matter of Amazon.com. 

FOR FURTHER INFORMATION CONTACT: 

Alberta E. Mills, Secretary, Division of 

the Secretariat, Office of the General 

Counsel, U.S. Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, MD 20814, (301) 504–7479 

(Office) or 240–863–8938 (cell). 

SUPPLEMENTARY INFORMATION: The 

Commission voted 3–1 to authorize 

issuance of this Complaint. Acting 

Chairman Adler, Commissioners Kaye 

and Feldman voted to authorize 

issuance of the Complaint. 

Commissioner Baiocco voted to not 

authorize issuance of the Complaint. 

The text of the Complaint appears 

below. 

Dated: July 15, 2021. 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

BILLING CODE 6355–01–P 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38451 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.000</GPH>

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY COMMISSION 

In the Matter of 

AMAZON.COM, INC. 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

COMPLAINT 

I. NATURE OF THE PROCEEDINGS 

CPSC DOCKET NO.: 21-2 

1. This administrative enforcement proceeding is instituted pursuant to Sections 

15(c) and (d) of the Consumer Product Safety Act ("CPSA"), as amended, 15 U.S.C. §§ 2064(c) 

and ( d), seeking public notification and remedial action to protect the public from the substantial 

product hazards presented by certain consumer products sold on amazon.com, and distributed by 

Amazon.com, Inc. through its Fulfilled by Amazon ("FBA") program. These consumer products 

are set forth in more detail below. 

2. This proceeding is governed by the Rules of Practice for Adjudicative 

Proceedings before the Consumer Product Safety Commission (the "Commission"), 16 C.F .R. § 

1025. 

II. JURISDICTION 

3. This proceeding is instituted pursuant to the authority contained in Sections 

15(c) and (d), of the CPSA, 15 U.S.C. §§ 2064(c), (d). 

ill. THE PARTIES 

4. Complaint Counsel is staff of the Office of Compliance and Field Operations in 

the Division of Enforcement and Litigation of the U.S. Consumer Product Safety Commission 

("Complaint Counsel"). The Commission is an independent federal regulatory agency 

established pursuant to Section 4 of the CPSA, 15 U.S.C. § 2053. 
38452 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.001</GPH>

5. Respondent Amazon.com, Inc. ("Amazon") is a C Corporation with its principal 

place of business located at 410 Terry Avenue, North, Seattle, Washington 98109. 

6. For the reasons set forth in Section IV below, with respect to its FBA products 

Amazon is a "distributor'' that "distributes [consumer products] in commerce," as those terms are 

defined in Sections 3(a)(5), (7), and (8) of the CPSA, 15 U.S.C. §§ 2052(a)(5), (7), and (8). 

IV. AMAZON'S "FULFILLED BY AMAZON" PROGRAM 

7. Amazon operates an online marketplace for consumers - amazon.com- that 

includes listings for consumer products, as that term is defined at Section 3(a)(5) of the CPSA, 

15 U.S.C. § 2052(a)(5). 

8. Through amazon.com, Amazon offers an e-commerce marketplace in which 

Amazon and merchants can connect with consumers via the internet, expanding sales 

opportunities beyond traditional brick-and-mortar and direct retail sales channels. 

9. Merchants enter into a business arrangement with Amazon to participate in 

Amazon's consumer marketplace, which includes a Business Services Agreement and, for 

Amazon's FBA program, FBA policies and requirements. Products offered for sale on 

amazon.com appear on webpages known as product listings and are identified by Amazon 

Standard Identification Numbers, or ASINs, assigned by Amazon. 

Amazon offers consumer products for sale on amazon.com through at least three paths: (a) as a 

retailer (including through its AmazonBasics brands and in partnership with other entities), (b) 

as a distributor through its FBA program, and (c) through its Merchant Fulfilled Network 

("MFN"), for which merchants generally ship products directly to consumers. The majority of 

Amazon's sales occur through its FBA program. 

10. Amazon offers a variety of services in furtherance of bringing its FBA products 

to consumers' doorsteps. These services include, but are not limited to, storing FBA products at 

Amazon fulfillment centers, stocking and maintaining an inventory ofFBA products, and 

administering additional sorting and shipping services, including the use of Amazon employees 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38453 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.002</GPH>

to interact with the product, categorize it with the help of computers and robots, label it, and 

move it through the distribution process. Additional services include Amazon's retrieval ofFBA 

products from the merchant's inventory, placement ofFBA products in a shipping container, 

delivery ofFBA products directly to consumers' doorsteps in Amazon delivery vehicles or via a 

shipping carrier Amazon procures, approval of all FBA ASINs, provision of 24/7 customer 

service, and processing all FBA product returns. 

11. Amazon maintains electronic records that track inventory of all products stored 

in Amazon Fulfillment Centers or other Amazon warehouses or facilities. Using these electronic 

records, Amazon employees are able to retrieve and ship products ordered by consumers on 

amazon.com. 

12. As part of the FBA program, Amazon ships FBA products to consumers who 

place orders on Amazon's online marketplace. Amazon reserves the right to combine products 

from inventories of multiple merchants into one shipment. Amazon employees, with the 

assistance of electronic records and automation at the facilities, physically ship or cause to be 

shipped through a shipping carrier the FBA products ordered by consumers. 

13. Amazon's contracts with merchants participating in the FBA program state that 

the merchants retain legal title to their products even while the products are stored, sorted, and 

delivered to consumers from Amazon's facilities. However, these contracts also state that when 

consumers return an FBA product, the consumers ship the products back to Amazon, not the 

merchant. When a product is returned, Amazon inspects the FBA product and determines 

whether the product can be resold. If Amazon determines that the FBA product can be resold, 

Amazon returns the product to the inventory at the applicable Amazon facility. If Amazon 

determines that the product cannot be resold, the merchant may choose to have it sent to its own 

facility. 

14. The contracts between Amazon and merchants also state that Amazon: (a) has 
38454 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.003</GPH>

the authority to format the product's listing on its online marketplace, which includes how a 

listing is displayed to consumers; (b) may reject products that Amazon determines are illegal, 

sexually explicit, defamatory, or obscene; (c) will require merchants to communicate with their 

customers exclusively through Amazon's platform; and (d) shall process payments for all 

purchases of the FBA products, charge the payment instrument designated in each individual 

consumer's account, and remit the agreed-upon monies to the merchant minus the service fees 

due to Amazon set forth in the applicable contracts. 

15. Upon information and belief, though the amount varies depending on the 

product, Amazon's FBA fees can amount to as much or more than 40% of the sales price ofa 

given product. 

16. In addition, Amazon polices the prices charged by merchants listing products on 

amazon.com through its Fair Pricing Policy, which gives Amazon the right to take action against 

merchants for pricing that harms consumer trust. The Fair Pricing Policy provides that"[p]ricing 

practices that harm customer trust include, but are not limited to: ... setting a price on a product 

or service [ on amazon.com] that is significantly higher than recent prices offered on or off 

Amazon." 

17. Consumers who purchase FBA consumer products on amazon.com may 

reasonably believe they are purchasing the products from Amazon. While the ASIN includes 

"Sold by [merchant]" in small print underneath the "Buy Now" link, Amazon only explicitly 

identifies the role of third parties in its FBA program at paragraph 16 of its "Conditions of Use" 

for its website. 

18. Through the actions described in Paragraphs 7 through 18 above, Amazon is a 

"distributor" of a "consumer product" that is "distributed in commerce," for its FBA products as 

those terms are defined in the CPSA. In sum, Amazon acts as a "distributor" of its FBA products 

by: (a) receiving delivery ofFBA consumer products from a merchant with the intent to further 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38455 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.004</GPH>

distribute the product; (b) holding, storing, sorting, and preparing for shipment FBA products in 

its warehouses and fulfillment centers; and ( c) distributing FBA consumer products into 

commerce by delivering FBA products directly to consumers or to common carriers for delivery 

to consumers. 

V. THE CONSUMER PRODUCTS 

19. The children's sleepwear garments were sold on amazon.com as FBA products 

and consist of nightgowns and bathrobes intended for children primarily for sleeping or activities 

related to sleeping (hereinafter, the "children's sleepwear garments"). 

20. The children's sleepwear garments include: 

a. CPSC Sample Number: 20-800-1345 (ASIN: B074V558SB), 

HOYMN Little Girl's Lace Cotton Nightgowns, Kids Long-Sleeve 

Sleep Shirts Princess Sleepwear for Toddlers 2-15 Years. 

b. CPSC Sample Number: 20-800-1726 (ASIN: B0S9B7QQ7, 

B07S66PR4G, B07SCJNMFP, B07S99Y5YP, B07S99Rl6X, 

B07SDLKLS4, B07SCJ2HK6, B07S87FF4G, B07SCJ6FR6, 

B07S65KQX1 ), IDGIRLS Kids Animal Hooded Soft Plush 

Flannel Bathrobes for Girls Boys Sleepwear. 

c. CPSC Sample Number: 20-800-1727 (ASIN: B07QTGMWPK), 

Home Swee Boy's Plush Fleece Robe Shawl Skull and Hooded 

Spacecraft Printed Soft Kids Bathrobe for Boy. 

d. CPSC Sample Number: 20-800-1505 (ASIN: B01HGJY9FO), 

Taiycyxgan Little Girl's Coral Fleece Bathrobe Unisex Kids Robe 

Pajamas Sleepwear. 

21. The children's sleepwear garments are consumer products imported, distributed 

in U.S. commerce, and offered for sale to consumers for their personal use in or around a 

permanent or temporary household or residence, a school, in recreation, or otherwise. 
38456 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.005</GPH>

22. The children's sleepwear garments have been tested by CPSC staff and fail to 

meet the flammability requirements for children's sleepwear as required under the Flammable 

Fabrics Act ("FFA"). See 16 C.F.R. Part 1615 and 1616. 

23. Upon information and belief, the children's sleepwear garments were 

manufactured by HOYMN, IDGIRLS, Home Swee, and Taiycyxgan. 

24. Upon information and belief, Amazon and the four manufacturers made the 

children's sleepwear garments available for purchase on amazon.com through Amazon's FBA 

program. The children's sleepwear garments were offered for sale between May 2019 and April 

2020. 

25. Upon information and belief, the children's sleepwear garments were available 

for sale through Amazon's FBA program for approximately $17.84 (HOYMN), $29.99 (Home 

Swee), $22.99 (IDGIRLS), and $14.99 (Taiycyxgan). 

26. Upon information and belief, consumers purchased the children's sleepwear 

garments on amazon.com. 

27. Upon information and belief, Amazon removed the ASINs for the children's 

sleepwear garments on or about January 29, 2020 (for Taiycyxgan), February 22, 2020 (for 

TDGTRLS), and April 1, 2020 (forHOYMN and Home Swee). 

28. The carbon monoxide detectors were sold on amazon.com as FBA products and 

consist of carbon monoxide detectors equipped with alarms intended to alert consumers to the 

presence of harmful carbon monoxide gas (hereinafter, the "carbon monoxide detectors"). 

29. The carbon monoxide detectors include: 

a. CPSC File No. PI210013 (ASIN: B07HK8JHDV, Sample No. 20-

800-1419), CD0l carbon monoxide detector manufactured by 

WJZXTEK. 

b. CPSC File No. PI210014 (ASIN: B07GNKD44L, Sample No. 20-
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38457 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.006</GPH>

800-1420), ME2-CO carbon monoxide detector manufactured by 

Zhenzhou Winsen Electronics Technology Company, LTD. 

c. CPSC File No. PI210016 (ASIN: B07C2KM8RB, B07BDJTX8W, 

Sample No. 20-800-1422), ME2-CO and ss4 carbon monoxide 

detector manufactured by Zhenzhou Winsen Electronics 

Technology Company, LTD. 

d. CPSC File No. PI210022 (ASIN: B07MPP42GT, Sample No. 20-

800-1837), carbon monoxide detector manufactured by BQQZHZ. 

30. The carbon monoxide detectors are consumer products that were imported, 

distributed in U.S. commerce, and offered for sale to consumers for their personal use in or 

around a permanent or temporary household or residence, a school, in recreation, or otherwise. 

31. The carbon monoxide detectors have been tested by CPSC technical staff and 

failed to activate when carbon monoxide gas is present. 

32. Upon information and belief, the carbon monoxide detectors were manufactured 

by WJZXTEK, Zhenzhou Winsen Electronics Technology Company, LTD, andBQQZHZ. 

33. Upon information and belief, Amazon and the three manufacturers made the 

carbon monoxide detectors available for purchase on amazon.com through Amazon's FBA 

program. The carbon monoxide detectors were offered for sale between February 9, 2018 and 

November 23, 2020. 

34. Upon information and belief, Amazon listed the carbon monoxide detector for 

sale through its FBA program for approximately $8.99 to $12.99. 

35. Upon information and belief, consumers purchased approximately 24,632 units 

of the carbon monoxide detectors. 

36. Upon information and belief, Amazon removed the ASINs for the carbon 

monoxide detectors between August 6, 2020, and August 12, 2020. 
38458 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.007</GPH>

37. The hair dryers were sold on amazon.com as FBA products and consist of hair 

dryers that fail to provide integral immersion protection components as required. 

38. The hair dryers include: 

r21-800-1398 I Songtai ~~- -c~~~I 

LF .• ~-c-1~~8=8:_o_:_1=1!C'C'··~-:-c-:~,. ~-~~ .. -.... =?-· .. .-·,.....,r:--·::0°:~~a~~····· .. ··•·•·• ... ··· .. •·.•11::it\~~rEi2LI~j 

121-800;_'033:.fi · > J'Ohuhμ > ···•. : f B07XDTJZKS: < · < 1 

' 21-8-00~0281 I Nisahok i B08M183,Sii:t ,_. ··--~.:J . ~-~-~~-- - - - - ,- - - -- - ·::7 

t:.soo .. 02a1···· --f~gaa,Sto:re< ····•·· .... rllD7ZYJ()2[)}v{o;:>-:<;_j '~~--~'- - -,.:;..'2&-...-------- ·- ·--··- ----- - ~--- .. -- - ----~-- ~·; 

· I Admitrack · ! B0854FGPP7 i ~----------· ------------' : 21-800-0186 

39. The hair dryers are consumer products that were imported, distributed in U.S. 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38459 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.008</GPH>

commerce, and offered for sale to consumers for their personal use in or around a permanent or 

temporary household or residence, a school, in recreation, or otherwise. 

40. The hair dryers do not provide integral immersion protection in compliance with 

the requirements of Section 5 of Underwriters Laboratories ("UL") Standard for Safety for 

Household Electric Personal Grooming Appliances, UL 859 (10th edition) or Section 6 of UL 

Standard for Safety for Commercial Electric Personal Grooming Appliances, UL 1727 ( 4th 

edition). 

41. Upon information and belief, the hair dryers were manufactured by the entities 

listed in the "Seller/Manufacturer" column of the table in Paragraph 39. 

42. Upon information and belief, Amazon and the manufacturers made the hair 

dryers available for purchase on amazon.com through Amazon's FBA program. The hairdryers 

were offered for sale between June 10, 2019, and March 9, 2021. 

43. Upon information and belief, Amazon listed the hair dryers for sale through its 

FBA program for approximately $20.00 to $70.00. 

44. Upon information and belief, consumers purchased approximately 398,187 units 

of the hair dryers. 

45. Upon information and belief, Amazon removed the ASINs for the hair dryers by 

March 9, 2021. 

VI. AMAZON'S UNILATERAL ACTIONS RELATING TO THE CONSUMER 

PRODUCTS ARE INSUFFICIENT 

46. Following notification from the CPSC about the hazards presented by the 

children's sleepwear garments, carbon monoxide detectors, and hair dryers (hereinafter the 

"Subject Products") identified in Section V above, Amazon took several unilateral actions. 

47. As noted above, Amazon removed the ASINs for certain of the Subject 

Products. See Paragraphs 28, 37 and 46. 

48. Amazon also unilaterally, and without CPSC involvement or input concerning 
38460 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.009</GPH>

the content of the notices or its other actions, notified consumers who purchased certain of the 

Subject Products that they could present a hazard. Amazon also offered a refund to these 

consumers in the form of an Amazon gift card credited to their account. 

49. Amazon's unilateral actions are insufficient to remediate the hazards posed by 

the Subject Products and do not constitute a fully effectuated Section 15 mandatory corrective 

action ordered by the Commission. 

50. A Section 15 order requiring Amazon to take additional actions in conjunction 

with the CPSC as a distributor is necessary for public safety. 

VII. THE CHILDREN'S SLEEPWEAR GARMENTS VIOLATE THE FFA BECAUSE 

THEY DO NOT MEET FLAMMABILITY REQUIREMENTS 

51. Congress enacted the FF A in 1953 in response to serious injuries and deaths 

resulting from burns associated with clothing. 

52. ln the 1970s, the Standards for the Flammability of Children's Sleepwear 

("Standards") were created to address the ignition of children's sleepwear, such as nightgowns, 

pajamas, and robes. See 16 C.F.R. Parts 1615 and 1616. 

53. The purpose of the Standards is to reduce the unreasonable risk of burn injuries 

and deaths from fire associated with children's sleepwear garments. Most burn incidents do not 

occur while children are sleeping but while they are awake, unsupervised, and wearing sleepwear 

garments. The primary hazard is ignition of the sleepwear by contact with hot surfaces and/or 

small open-flame ignition sources, such as stove elements, matches, and lighters. 

54. The Standards require that children's sleepwear garments stop burning when the 

flame source is removed. In order to meet the flammability requirements of the Standards, 

children's sleepwear garments must not have a sample with an average char length exceeding 

seven inches and no individual specimen can have a char length of ten inches, as set forth at 16 

C.F.R. Part 1615.3(b) and 1616.3(b). 

55. Children's sleepwear garments are required to comply with flammability 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38461 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.010</GPH>

requirements of the FFA, 15 U.S.C. §§ 1191-1204. 

56. Children's sleepwear means any article of clothing, such as a nightgown, 

pajama, robe, or loungewear, that is sized above nine months and up to a size fourteen and that is 

intended to be worn primarily for sleeping or activities related to sleeping. In determining 

whether a garment is children's sleepwear, the Commission considers: (a) the nature of the 

garment and its suitability for sleeping or activities related to sleeping; (b) how the garment is 

promoted and distributed; and (c) the likelihood that the garment will be used by children 

primarily for sleeping or activities related to sleeping. See generally 16 C.F.R. Parts 

1615.64(a)(2) and 1616.65(a)(2). 

57. CPSC staff evaluated the children's sleepwear garments and determined that the 

garments are children's sleepwear. 

58. CPSC staff tested the garments to the requirements of the Children's Sleepwear 

Standards in the FF A. 

59. The children's sleepwear garments failed to meet the flammability requirements 

for children's sleepwear garments. See 16 C.F.R. Parts 1615 and 1616. 

60. Children's sleepwear garments that fail to meet the FFA requirements create a 

substantial risk of injury to consumers because of the serious injuries that can occur when such 

garments ignite while worn by children. 

VIII. THE CARBON MONOXIDE DETECTORS ARE DEFECTIVE BECAUSE THEY 

FAIL TO ALARM 

61. Carbon monoxide is a colorless, odorless, tasteless gas produced by burning 

gasoline, wood, propane, charcoal or other fuel. Improperly ventilated appliances and engines, 

particularly in a sealed or enclosed space, may allow carbon monoxide to accumulate to 

dangerous levels. 

62. If a consumer installs a carbon monoxide detector that does not provide an alert 

to the presence of carbon monoxide, and carbon monoxide enters the home, the consumer will 
38462 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.011</GPH>

not be warned of the presence of this harmful gas. 

63. Carbon monoxide gas may cause severe injury, including tissue damage and 

death. 

64. On average, approximately 170 people in the United States die every year from 

carbon monoxide produced by non-automotive consumer products. These products include 

malfunctioning fuel-burning appliances such as furnaces, ranges, water heaters and room 

heathers, engine-powered equipment such as portable generators, fireplaces, and charcoal that is 

burned in homes or other enclosed areas. 

65. CPSC staff tested the carbon monoxide detectors to determine whether they 

detect carbon monoxide gas. 

66. CPSC testing revealed that the carbon monoxide detectors failed to detect 

carbon monoxide gas and failed to alarm in its presence as consumers would reasonably expect. 

67. The carbon monoxide detectors are defective because they fail to detect carbon 

monoxide and alarm consumers. 

68. The defective carbon monoxide detectors create a substantial risk of injury to 

consumers by failing to detect carbon monoxide and alert consumers to the presence of carbon 

monoxide, leading to potentially severe injury or death. Such injuries and death have occurred 

when carbon monoxide spreads undetected in a home. 

IX. THE HAIR DRYERS VIOLATE SECTION 15(J) BECAUSE THEY DO NOT 

HA VE IMMERSION PROTECTION 

69. On June 9, 2011, the CPSC approved a federal safety rule specifying that handsupported hair dryers that do not provide integral immersion protection in compliance with the 

requirements of Section 5 of Underwriters Laboratories ("UL") Standard for Safety for 

Household Electric Personal Grooming Appliances, UL 859 (10th edition) or Section 6 of UL 

Standard for Safety for Commercial Electric Personal Grooming Appliances, UL 1727 ( 4th 

edition) are a "substantial product hazard" under Section 15(a) of the CPSA, 15 U.S.C. § 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38463 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.012</GPH>

2064(a). See 15 U.S.C. § 2064G) and 16 C.F.R. § 1120.3. 

70. The purpose of the federal safety rule is to reduce the risk of shock and 

electrocution hazards created by hand-supported hair dryers. 

71. CPSC staff evaluated units of the hair dryers identified in the table in Paragraph 

39 and determined that the hair dryers are hand-supported and lack an immersion protection 

device integral to the power cord. 

72. Because these hair dryers lack an immersion protection device, they are not in 

conformance with the requirements of Section 5 of UL 859 or Section 6 of UL 1727. These hair 

dryers present a significant electric shock and electrocution hazard to users. 

73. Therefore, pursuant to Section 15(j) of the CPSA, 15 U.S.C. §2064(j), and 16 

C.F.R. § 1120, they are a "substantial product hazard" under Section 15(a)(2) of the CPSA, 15 

U.S.C. § 2064(a)(2). 

X. LEGAL AUTHORITY 

74. Under the CPSA, the Commission may order a firm to provide notice to the 

public and take remedial action if the Commission determines that a product "presents a 

substantial product hazard." 15 U.S.C. § 2064(c) and (d). 

75. Under CPSA Section 15(a)(l), a "substantial product hazard" includes products 

that fail to comply with an applicable consumer product safety rule under this Act or a similar 

rule, regulation, standard or ban under any other Act enforced by the Commission which creates 

a substantial risk of injury to the public. 15 U.S.C. § 2064(a)(l ). 

76. Under CPSA Section 15G), the Commission "may specify, by rule, for any 

consumer product or class of consumer products, characteristics whose existence or absence 

shall be deemed a substantial product hazard .... " 15 U.S.C. § 2064(j)(l). 

77. The federal safety rule specifying that hand-supported hair dryers must provide 

integral immersion protection in compliance with the requirements of Section 5 of UL Standard 

for Safety for Household Electric Personal Grooming Appliances, UL 859 (10th edition) or 
38464 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.013</GPH>

Section 6 of UL Standard for Safety for Commercial Electric Personal Grooming Appliances, 

UL 1727 (4th edition) constitutes a rule as referenced in CPSA Section 150)(1). 15 U.S.C. § 

20640)(1). 

78. The FF A is an Act enforced by the Commission as referenced in CPSA Section 

15(a)(l). 15 U.S.C. § 2064(a)(l). 

79. Under CPSA Section 15(a)(2), a "substantial product hazard" is a product defect 

which (because of the pattern of defect, the number of defective products distributed in 

commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the 

public." 15 U.S.C. § 2064(a)(2). 

80. A product may contain a design defect if a risk of injury occurs as a result of the 

operation or use of the product, or the failure of the product to operate as intended. 16 C.F .R. § 

1115.4. 

81. Under CPSA Section 15(b ), every "distributor'' of a consumer product who 

obtains information which reasonable supports the conclusion that a product fails to comply with 

an applicable consumer product safety rule, contains a defect which could create a substantial 

product hazard, or creates an unreasonable risk of serious injury or death has an obligation to 

inform the Commission. 15 U.S.C. § 2064(b). 

82. The format of the reports required by CPSA Section 15(b) is described at 16 

C.F.R. § 1115.13(d). 

Count I 

The Children's Sleepwear Garments are a Substantial Product Hazard Because They 

Violate the FFA and Create a Substantial Risk oflnjury to Children 

83. Paragraphs l through 83 are hereby realleged and incorporated by reference as 

if fully set forth herein. 

84. Amazon distributed the children's sleepwear garments to consumers through the 

Amazon FBA program. 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38465 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.014</GPH>

85. The children's sleepwear garments fail to meet the flammability requirements of 

theFFA. 

86. Because the children's sleepwear garments fail to meet the flammability 

requirements of the FF A, they create a substantial risk of injury to children. 

87. Therefore, the children's sleepwear garments present a substantial product 

hazard within the meaning of Section 15(a)(l) of the CPSA. 

Count II 

The Carbon Monoxide Detectors are a Substantial Product Hazard Because They Contain 

a Product Defect that Creates a Substantial Risk of Injury to the Public 

88. Paragraphs 1 through 88 are hereby realleged and incorporated by reference as 

if fully set forth herein. 

89. Amazon distributed the carbon monoxide detectors to consumers through the 

Amazon FBA program. 

90. The carbon monoxide detectors fail to detect carbon monoxide and fail to alert 

consumers to the presence of carbon monoxide. 

91. The failure of the carbon monoxide detectors to alert consumers to the presence 

of deadly carbon monoxide in their homes constitutes a defect that creates a substantial risk of 

injury to the public. 

92. Therefore, the carbon monoxide detectors present a substantial product hazard 

within the meaning of Section 15(a)(2) of the CPSA, 15 U.S.C. § 2064(a)(2). 

CountIII 

The Hair Dryers are a Substantial Product Hazard Because They Violate Section lSG)(l) 

Due to the Lack of Immersion Protection 

93. Paragraphs 1 through 93 are hereby realleged and incorporated by reference as 

if fully set forth herein. 
38466 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.015</GPH>

94. Amazon distributed the hair dryers to consumers through the Amazon FBA 

program. 

95. The hand-supported hair dryers fail to provide integral immersion protection in 

compliance with a rule subject to CPSA Section 150)(1). 15 U.S.C. § 20640)(1). 

96. Because the hair dryers fail to provide integral immersion protection, they 

present a significant electric shock and electrocution hazard to users. 

97. Therefore, the hair dryers are a "substantial product hazard" under Sections 

15(a) and 150) of the CPSA, 15 U.S.C. §§ 2064(a) and G). See 16 C.F.R. § 1120.3. 

XI. RELIEF SOUGHT 

WHEREFORE, in the public interest, Complaint Counsel requests that the Commission: 

1. Determine that Amazon is a distributor of consumer products in commerce, as 

those terms are defined in the CPSA; 

2. Determine that the Subject Products are substantial product hazards under 

Sections 15(a)(l), 15(a)(2), and 150) of the CPSA, 15 U.S.C. §§ 2064(a)(l), (a)(2), andG); 

3. Determine that public notification in consultation with the Commission under 

Section 15( c) of the CPSA, 15 U.S. C. § 2064( c ), is required to adequately protect the public 

from substantial products hazards created by the Subject Products, and order Respondent under 

Section 15(c) of the CPSA, 15 U.S.C. § 2064(c), to take actions set out in Section 15(c)(l) of the 

CPSA, including but not limited to: 

a. Cease distribution of the Subject Products including removal of the 

ASINs and any other listings of the Subject Products and 

functionally identical products, from Amazon's online marketplace 

and identifying such ASINs to CPSC; 

b. Issue a CPSC-approved direct notice to all consumers who 

purchased the Subject Products which includes a particularized 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38467 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.016</GPH>

description of the hazard presented by each Subject Product and 

encourage the return of the Subject Products; 

c. Issue a CPSC-approved press release, as well as any other public 

notice documents or postings required by CPSC staff that inform 

consumers of the hazard posed by the Subject Products and 

encourage the return or destruction of the Subject Products; 

4. Order that Respondent facilitate the return and destruction of the Subject 

Products, at no cost to consumers, under Section 15(d)(l) of the CPSA, 15 U.S.C. § 2064(d)(l), 

to adequately protect the public from the substantial product hazard posed the Subject Products, 

and order Respondent under Section 15(d)(l) of the CPSA, 15 U.S.C. § 2064(d)(l), to take 

actions set out in Section 15(d)(l) of the CPSA, including but not limited to: 

a. Refund the full the purchase price to all consumers who purchased 

the Subject Products and, to the extent not already completed, 

conditioning such refunds on consumers returning the Subject 

Products or providing proof of destruction; 

b. Destroy the Subject Products that are returned to Amazon by 

consumers or that remain in Amazon's inventory, with proof of 

such destruction via a certificate of destruction or other acceptable 

documentation provided to CPSC staff; 

c. Provide monthly progress reports to reflect, among other things, 

the number of Subject Products located in Amazon's inventory, 

returned by consumers, and destroyed; 

d. Provide monthly progress reports identifying all functionally 

equivalent products removed by Amazon from amazon.com 

pursuant to Commission Order, including the ASIN, the number 
38468 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.017</GPH> EN21JY21.018</GPH>

distributed prior to removal, and the platform through which the 

products were sold; 

5. Provide monthly reports summarizing the incident data submitted to CPSC 

through the Retailer Reporting Program in a format consistent with 16 C.F.R. 1115.13(d); 

6. Order that the Respondent is prohibited from distributing in commerce the 

Subject Products, including any functionally identical products. See CPSA Section 15(d)(2), 15 

U.S.C. § 2064(d)(2); and 

7. Order that Respondent take other and further actions as the Commission deems 

necessary to protect the public health and safety and to comply with the CPSA and FF A. 

~· Digitally signed by Robert Kaye Ro be rt Kay~:::la.~~a21.a1.141s,1a,41 

t? 

By: Robert S. Kaye 

Assistant Executive Director 

ISSUED BY ORDER OF THE COMMISSION: 

Dated this 14th day of July, 2021. 

Office of Compliance and Field Operations 

Mary B. Murphy, Director 

Howard N. Tarnoff, Deputy Director 

John C. Eustice, Senior Trial Attorney 

Liana G.T. Wolf, Trial Attorney 

Complaint Counsel 

Division of Enforcement and Litigation 

Office of Compliance and Field Operations 

U.S. Consumer Product Safety Commission 

Bethesda, Mary land 20814 

(301) 504-7809 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38469 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.019</GPH>

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY COMMISSION 

In the Matter of 

AMAZON.COM, INC. 

Respondent. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

CPSC DOCKET NO.: 21-2 

LIST AND SUMMARY OF DOCUMENTARY EVIDENCE 

Pursuant to 16 C.F.R. § 1025.1 l(b )(3) of the Commission's Rules of Practice for 

Adjudicative Proceedings, the following is a list and summary of documentary evidence 

supporting the charges in this matter. Complaint Counsel reserves the right to offer additional or 

different evidence during the course of the proceedings, or to withhold evidence on the basis of 

any applicable legal privileges. 

1. Claims, complaints, records, reports, CPSC's In-Depth Investigations, and lawsuits 

concerning incidents or injuries involving various consumer products identified in the 

Complaint ("Subject Products"). 

2. CPSC Product Safety Assessments. 

3. Correspondence between Respondent and CPSC staff related to the Subject Products. 

4. Documents and information related to the Subject Products, including notices issued 

by Respondent regarding the Subject Products and substantially similar equivalent 

products. 

5. Documents and information related to Respondent's corporate structure and business 

operations. 
38470 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 


jbell on DSKJLSW7X2PROD with NOTICESEN21JY21.020</GPH> EN21JY21.021</GPH>

Dated this 14th day of July, 2021 

Mary B. Murphy, Director 

Howard N. Tarnoff, Deputy Director 

John C. Eustice, Senior Trial Attorney 

Liana G.T. Wolf, Trial Attorney 

Division of Enforcement and Litigation 

Office of Compliance and Field Operations 

U.S. Consumer Product Safety Commission 

Bethesda, MD 20814 

Tel: (301) 504-7809 

Complaint Counsel for 

U.S. Consumer Product Safety Commission 

CERTIFICATE OF SERVICE 

I hereby certify that on July 14, 2021, a copy of the foregoing Complaint and List and 

Summary of Documentary Evidence was served by hand upon Respondent at the following 

address: 

Amazon.com, Inc. 

Corporation Service 

Company 

300 Deschutes Way SW, Suite 208 MCCSC 1 Tumwater, WA 98501 

Attn: Legal Department - Legal Process 

I further certify that on July 14, 2021, I e-mailed a courtesy copy of the 

foregoing Complaint and List and Summary of Documentary Evidence upon the 

following: 

Sagi Goldberg at sagi@amazon.com 

Genus Heidary at genush@amazon.com 

Antonia Stamenova-Dancheva at 

antsdan@amazon.com Carletta Ooton at 

ootonc@amazon.com 

omplaint Counsel for 

U.S. Consumer Product Safety Commission 
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices 38471 

[FR Doc. 2021–15440 Filed 7–20–21; 8:45 am] 

BILLING CODE 6355–01–C 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2021–SCC–0108] 

Agency Information Collection 

Activities; Comment Request; Impact 

Evaluation of Teacher Residency 

Programs 

AGENCY: Institute of Educational Science 

(IES), Department of Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, ED is 

proposing a revision of a currently 

approved collection. 

DATES: Interested persons are invited to 

submit comments on or before 

September 20, 2021. 

ADDRESSES: To access and review all the 

documents related to the information 

collection listed in this notice, please 

use http://www.regulations.gov by 

searching the Docket ID number ED– 

2021–SCC–0108. Comments submitted 

in response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http://

www.regulations.gov by selecting the 

Docket ID number or via postal mail, 

commercial delivery, or hand delivery. 

If the regulations.gov site is not 

available to the public for any reason, 

ED will temporarily accept comments at 

ICDocketMgr@ed.gov. Please include the 

docket ID number and the title of the 

information collection request when 

requesting documents or submitting 

comments. Please note that comments 

submitted by fax or email and those 

submitted after the comment period will 

not be accepted. Written requests for 

information or comments submitted by 

postal mail or delivery should be 

addressed to the PRA Coordinator of the 

Strategic Collections and Clearance 

Governance and Strategy Division, U.S. 

Department of Education, 400 Maryland 

Ave. SW, LBJ, Room 6W208B, 

Washington, DC 20202–8240. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Meredith 

Bachman, 202–245–7494. 

SUPPLEMENTARY INFORMATION: The 

Department of Education (ED), in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3506(c)(2)(A)), provides the general 

public and Federal agencies with an 

opportunity to comment on proposed, 

revised, and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. ED is 

soliciting comments on the proposed 

information collection request (ICR) that 

is described below. The Department of 

Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. Please note 

that written comments received in 

response to this notice will be 

considered public records. 

Title of Collection: Impact Evaluation 

of Teacher Residency Programs. 

OMB Control Number: 1850–0960. 

Type of Review: A revision of a 

currently approved information 

collection. 

Respondents/Affected Public: State, 

Local, and Tribal Governments. 

Total Estimated Number of Annual 

Responses: 637. 

Total Estimated Number of Annual 

Burden Hours: 394. 

Abstract: The U.S. Department of 

Education (ED)’s Institute of Education 

Sciences (IES) requests clearance for 

data collection activities to support a 

study of teacher residency programs. 

Teacher residency programs aim to 

better prepare new teachers by 

combining education coursework with 

extensive on-the-job training. Program 

participants complete a full-year 

apprenticeship, or ‘‘residency,’’ under 

the supervision of an experienced 

mentor teacher before they become 

teachers of record. The programs help 

meet the needs of their partner districts 

by preparing teachers to fill shortages in 

high-needs schools and subjects. They 

offer financial support for residents in 

exchange for a commitment to teach for 

at least three to five years in the district, 

in an effort to improve teacher retention. 

This financial support may also help 

expand the pool of teacher candidates 

by encouraging people to enter the 

profession who might be deterred by the 

cost of a traditional teacher preparation 

program. This second request covers 

additional data collection activities for 

the study to examine program outcomes. 

A prior request (1850–0960, approved 4/ 

26/2021) covered the collection of 

classroom rosters from schools to 

support random assignment of students 

to participating teachers. 

Dated: July 16, 2021. 

Stephanie Valentine, 

PRA Coordinator, Strategic Collections and 

Clearance Team, Governance and Strategy 

Division, Office of Chief Data Officer, Office 

of Planning, Evaluation and Policy 

Development. 

[FR Doc. 2021–15530 Filed 7–20–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER10–2564–011; 

ER10–2289–011; ER10–2600–011. 

Applicants: Tucson Electric Power 

Company, UNS Electric, Inc., UniSource 

Energy Development Company. 

Description: Supplement to June 21, 

2021 Notice of Non-Material Change in 

Status of Tucson Electric Power 

Company, et al. 

Filed Date: 7/9/21. 

Accession Number: 20210709–5165. 

Comments Due: 5 p.m. ET 7/30/21. 

Docket Numbers: ER11–1933–007. 

Applicants: Green Mountain Power 

Corporation. 

Description: Updated Market Power 

Analysis for the Northeast Region of 

Green Mountain Power Corporation. 

Filed Date: 12/20/19. 

Accession Number: 20191220–5290. 

Comments Due: 5 p.m. ET 9/13/21. 

Docket Numbers: ER20–1981–001. 

Applicants: Pioneer Solar (CO), LLC. 

Description: Notice of Change in 

Status of Pioneer Solar (CO), LLC. 

Filed Date: 7/13/21. 

Accession Number: 20210713–5162. 

Comments Due: 5 p.m. ET 8/3/21. 

Docket Numbers: ER20–1983–001. 

Applicants: Central 40, LLC. 

Description: Notice of Change in 

Status of Central 40, LLC. 

Filed Date: 7/13/21. 

Accession Number: 20210713–5161. 

Comments Due: 5 p.m. ET 8/3/21. 

Docket Numbers: ER21–2110–001. 

Applicants: GenOn Power Midwest, 

LP. 

Description: Tariff Amendment: 

Amendment to Requested Effective Date 

for Cancellation of RS FERC No. 2 to be 

effective 4/1/2022. 

Filed Date: 7/14/21. 

Accession Number: 20210714–5062. 


jbell on DSKJLSW7X2PROD with NOTICES